Terms of Use
Thank you for visiting MyGuy. The MyGuy website has been made available
to you subject to your compliance with the terms and conditions set forth
below (the "Conditions of Use"). Please read this document carefully
before accessing or using the MyGuy website. By accessing or using this
website, you are agreeing to be bound by the Conditions of Use. If you
do not wish to be bound by the Conditions of Use, you may not access or
use the website.
Modification of these Conditions of Use
MyGuy reserves the right to change the terms, conditions, and notices
at any time, and such modifications shall be effective immediately upon
posting of such changes. You are therefore responsible for regularly reviewing
these Conditions of Use and additional terms or notices posted on the
MyGuy website. Your continued access of this website shall be deemed your
conclusive acceptance of the modified agreement.
Privacy
Please review our
Privacy Policy, which also governs your visit to MyGuy, to understand our practices regarding
the use and disclosure of your personal information.
Electronic Communications
When you visit MyGuy or send e-mails to us, you are communicating with
us electronically, and thereby you are consenting to receive communications
from us electronically or by other means available. We will communicate
with you electronically, by telephone or by facsimile. It is further understood
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited to: Text,
graphics, logos, button icons, Flash movies, images, audio clips, digital
downloads, data compilations, and software, are the property of MyGuy,
its content suppliers or it's clients and are protected by Domestic
and International copyright and trademark laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute any portion
of the website contents without the prior express written consent of MyGuy.
You may print or download portions of the materials from various areas
of this website solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. If you believe any content appearing on our website constitutes
a copyright infringement of another parties rights, please contact us
immediately at
legal@tofixit.com to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes, e-mail,
flash movies, images, logos, audio loops, and other software hereby constitutes
your agreement to MyGuy a non-exclusive, royalty-free, worldwide, sub-licensable,
perpetual license, to reproduce, distribute, transmit, modify, adapt,
sub-license, and publicly display any such submissions. You also grant
MyGuy the right to utilize your name in connection with all advertising,
marketing and promotional materials related thereto.
License and Website Access
MyGuy grants you limited license to access and make personal use of this
website and not to download (other than for page caching purposes) or
modify it, or any portion of it, except with the express written consent
of MyGuy. This website or any portion of this website may not be reproduced,
duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited
for any commercial purpose without the express written consent of MyGuy.
You may not frame, or use any framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, flash
movie, page layout, or form) MyGuy without the express written consent
of MyGuy. You may not use META tags or any other "hidden text"
which utilize myguy.com, MyGuy or any other derivative of our domain or
company name without the express written consent of MyGuy. You are hereby
granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of MyGuy so long as the link does not portray any false,
misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that MyGuy cannot and does not guarantee
or warrant that files made available for downloading through MyGuy website
will be free of infection or viruses, worms, Trojan horses or other code
that manifests contaminating or destructive properties. It is your responsibility
for implementing sufficient safeguards and procedures to ensure that any
files obtained through MyGuy are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY MYGUY ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MYGUY MAKES NO EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS
TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYGUY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYGUY
DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MYGUY
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYGUY WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
MYGUY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION
ON THIS WEBSITE. MYGUY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER
INCORRECT INFORMATION, MYGUY SHALL HAVE THE RIGHT TO REFUSE OR CANCEL
ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED
BY MYGUY IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO MYGUY
FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE
BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
Linked websites are not under the control of MyGuy and MyGuy is not responsible
for the contents of any linked site or any link contained in a linked
site. MyGuy provides links to you only as a convenience, and the inclusion
of any link does not imply or constitute an endorsement by MyGuy of the site.
Applicable Law
By visiting MyGuy website, you agree that the laws of the State of Arizona,
without regard to principals of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and MyGuy.
Disputes
Any dispute relating in any way to your visit or access of MyGuy website
or to the products or services you purchase through MyGuy website shall
be submitted to binding arbitration in Maricopa County, Arizona, except
that, to the extent you have in any manner violated or threatened to violate
MyGuy's intellectual property rights, MyGuy may seek injunctive or
other appropriate relief in any state or federal court in the State of
Arizona, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under these Conditions of Use shall be joined to an
arbitration involving any other party subject to these Conditions of Use,
whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless MyGuy, its officers,
directors, owners, partners, employees, agents, licensors, suppliers and
any third party information provider to the website from and against all
losses, expenses, damages and costs, including attorney's fees, resulting
from any violation of these Conditions of Use (including negligent or
wrongful conduct) by you or your use and access of MyGuy website.
International Use
Given the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data,
e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
you reside.
Other Provisions
MyGuy's failure to insist upon or enforce strict performance of any
provision of these Conditions of Use shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of these Conditions
of Use. MyGuy may assign its rights and duties under these Conditions
of Use to any party at any time without notice to you. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
or enforceability of any remaining condition. Any rights not expressly
granted herein are reserved.
Request and Address
Please send notices by care of e-mail to:
legal@tofixit.com
(or) by our Mailing Address:
MyGuy Referrals
3636 East Anne Street, Suite B
Phoenix, Arizona 85040